IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 1419/2019 BETWEEN:
Sri. Akshay Shetty S/o. Prabhakar Shetty, Aged about 35 years, R/o. 3/149/1 Kuttadi, Chara Post, Chara Hebri Hobli, Hebri Taluk, Udupi Taluk 576 112.
... Petitioner (By Sri. Bharath Kumar. V, Advocate) AND:
State of Karnataka Through Station House Officer, Channapatna Town Police Station, Channapattana Town - 571 501.
Represented by State Public Prosecutor Hon’ble High Court of Karnataka Bengaluru 560 001.
(By Sri. S. Rachaiah, HCGP) ... Respondent This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure, praying to enlarge the petitioner on bail in Cr. No.49/2018 of Channapatna Town Police Station, Ramanagara for the offences p/u/s 302 and 201 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.49/2018 with respect to offences punishable under Sections 302 and 201 of IPC.
2. The case of the prosecution is that a complaint came to be lodged and FIR was registered initially for a missing person. The said information leading to initial complaint was by the brother of the deceased. During the course of investigation, a dead body was recovered within the jurisdiction of Hebri P.S. Udupi District. The FIR came to be registered under Sections 302 and 201 of IPC against unknown persons. The petitioner came to be arrested during the course of investigation. The investigation is complete and charge sheet has been filed. The petitioner is stated to be in judicial custody since 10.09.2018.
3. The learned counsel for the petitioner contends that even as per the case of the prosecution, there is no witness who has seen the commission of offence. It is contended that the petitioner is a student and as the investigation is complete, the petitioner is entitled to be enlarged on bail.
4. The learned HCGP contends that CWs.2, 3, 4 and 16 are material circumstantial witnesses who have supported the case of the prosecution and further contends that the offences are grave in nature.
5. It is noticed that there is no eyewitness to the commission of offence and the case rests on circumstantial evidence and the proof of offence is a matter for trial. The petitioner has been in custody since 10.09.2018. The case is made out for enlarging the petitioner on bail subject to conditions.
6. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.49/2018 with respect to offences punishable under Sections 302 and 201 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-